IMPORTANT - PLEASE READ CAREFULLY: This is an agreement between you and Tarion Warranty Corporation ("Tarion"), the private non-profit corporation responsible for administering the Ontario New Home Warranties Plan Act (Ontario), (together with all regulations and amendments to the foregoing, the "Act").
A. Tarion owns and operates the MyHome online service for homeowners (collectively, including the MyHome portal and all services, applications (including MyHome Mobile), resources and other content, information, text, images, data, code, tools, correspondence and materials available through myhome.tarion.com domain or the MyHome mobile app and any subdomains and country-specific domains and subdomains thereof, ("MyHome")
B. MyHome is a self-serve environment for new home buyers and owners and other authorized persons that enables them to, among other things:
Create and submit warranty claim forms and attachments to Tarion for distribution to Vendors and processing of claims
View important upcoming dates
View a selection of activities performed by Tarion on your file
View forms you have submitted
View a selection of correspondence from Tarion
(collectively, the "MyHome Activities").
Tarion may, in its sole discretion, modify or revise this Use Agreement in whole or in part at any time by posting the modified or revised version on MyHome. It is your responsibility to periodically review the most up-to-date version of this Use Agreement available on MyHome and you agree to be bound by all modifications and revisions to this Use Agreement immediately when they are posted. This Use Agreement was last revised as of the date first noted above.
1. IDENTIFICATION AND AUTHORIZATION. You hereby represent, warrant and covenant that:
(a) if you are registering in respect of a residential dwelling unit (i.e. not common elements) you are either:
(i) the sole registered and beneficial owner of the home in question; or
(ii) you have been expressly authorized to access and use MyHome for and on behalf of all registered and beneficial owners of the home.
(b) if you are registering in respect of common elements of a condominium corporation you are the Designate appointed by the Board of Director of the condominium corporation for which you register.
(c) you are responsible for all activities of any user of your MyHome account, including (for greater certainty) where such user has gained access to your account through mistake, fraud, theft, hacking or any other criminal or malicious activity.
2. LIMITED PERMITTED USE. Subject to the terms of this Use Agreement, Tarion hereby grants to you a limited, personal, non-transferable, non-exclusive right to access, use and display MyHome (including any updates, enhancements or modifications to MyHome made available by Tarion to you from time to time on an as-available basis) via the Internet, solely for the purpose of carrying out your or your MyHome Activities (the "Authorized Purpose"). Your right to use MyHome is limited to those rights expressly set out in this Use Agreement.
3. RESTRICTIONS ON USE. You shall: (a) not use MyHome for any purpose other than the Authorized Purpose or alter, damage or destroy MyHome or any data or information contained therein or other component(s) thereof; (b) not reproduce MyHome except to download, print and/or store such reasonable copies of the content available on MyHome as may be required for the Authorized Purpose; (c) not assign this Use Agreement or rent, sell, publish, distribute, communicate, transfer, lease, export or grant a sublicense to use MyHome except as expressly permitted by, and in accordance with, Section 5 or when authorized to do so by Tarion in writing; (d) not modify, translate, reverse engineer, decompile, disassemble or make derivative works of MyHome; (e) not use MyHome to operate a service bureau, drive traffic to your or any third party website for personal or commercial gain or otherwise use MyHome except as authorized herein; (f) use MyHome only in accordance with any minimum hardware, software and/or system requirements set out therein; (g) not use MyHome for any tortious or unlawful purpose, including accessing any other system or network without authorization or transmitting any material (I) in violation of applicable laws (including copyright and privacy laws), (II) constituting unauthorized use or disclosure of a trade secret or (III) reasonably interpretable as threatening, libelous, offensive, pornographic, profane or obscene; (h) observe all security features on MyHome and not disable, bypass, defeat or circumvent (or permit a third party to disable, bypass, defeat or circumvent) any such security features; (i) not submit and/or post any content, information or other materials that contain a virus, Trojan horse, worm, bad link or other harmful or disruptive component or otherwise use MyHome in any way that might, in Tarion's sole discretion, subvert or conflict or interfere with the integrity, reputation, security or operation of MyHome, any component(s) thereof or the system(s) from which MyHome is being made available; (j) not use any robots, bots, spiders, web crawlers, data/text mining software or other automated tools or data gathering or extracting applications to collect data or information other than your information from MyHome; (k) provide Tarion with accurate, complete and up-to-date information when applying for access, logging in, or submitting User Submissions (as defined below) to, MyHome; (l) not use MyHome if you are a minor; (m) comply with all password selection guidelines issued by Tarion from time to time; and (n) take all reasonable precautions to prevent third parties from using MyHome or your name, Registration Number, user ID(s), password(s), email address(es) or domain name(s) (including subdomains thereof) in any way that would constitute a breach of this Use Agreement. Any evidence of the foregoing: (A) may be disclosed by Tarion to law enforcement authorities; (B) may result in criminal prosecution under the laws of Canada and/or such other jurisdictions as may apply; (C) may cause Tarion to suspend or terminate your use of MyHome without notice.
4. USER SUBMISSIONS. MyHome provides various services that permit you and other users to submit and/or post using MyHome certain data, forms, documents, correspondence, photographs, images, links and other information and materials (collectively, "User Submissions"). You acknowledge that you are responsible for the User Submissions that you submit and/or post on MyHome and that you, and not Tarion, have full responsibility for User Submissions, including their legality, reliability, accuracy, completeness, timeliness, appropriateness, originality and copyright. You hereby acknowledge that User Submission may contain personal information and you agree that you will take all reasonable steps to limit the amount of unnecessary personal information that you provide to Tarion. Please see Tips on Reducing Personal Information.
You hereby grant to Tarion and its affiliates and its and their directors, officers, employees, members, agents, advisors, attorneys, consultants, contractors and users (collectively, "Representatives") a limited, worldwide, perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, publish, distribute, communicate, modify, upload, sublicense and create derivative works of any User Submissions, in any medium whatsoever, for the purpose of operating MyHome, facilitating the MyHome Activities, administering the Act and carrying out Tarion's operational, regulatory and consumer protection activities.
You hereby acknowledge and agree that Tarion is entitled to provide your User Submissions to Vendors without notice to you in connection with the MyHome Activities. Vendors are not Representatives of Tarion and Tarion makes no representation or warranty as to the use that Vendors may make of your User Submissions. You hereby acknowledge that User Submissions proffered by Vendors or you to third parties (including courts, governmental or regulatory authorities, or tribunals) may become part of the public domain through operation of law or regulation.
You hereby represent, warrant and covenant that: (i) you have the right(s) required to grant the license granted in this Section 4; (ii) the User Submissions shall be free from defects, viruses, Trojan horses, worms and other harmful or disruptive components; and (iii) the User Submissions shall otherwise comply with the restrictions in Section 3 above. You hereby irrevocably and unconditionally waive in favour of Tarion and its successors in interest all moral rights (including the right to attribution of authorship and to restrain any distortion of the work) in any User Submissions. Notwithstanding any other term or condition of this Use Agreement, Tarion shall have the right to immediately remove any User Submissions from MyHome without notice to you if you breach any of the foregoing representations, warranties and covenants, without any liability for such removal.
Tarion shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any User Submissions. Tarion may review or monitor User Submissions that are submitted and/or posted on MyHome. However, Tarion is under no obligation to do so and will not assume liability or responsibility for any User Submissions submitted and/or posted by users to MyHome in any area. Tarion will fully cooperate with any legal obligation to disclose the identity of anyone posting unlawful, threatening, libellous, obscene, pornographic, profane or otherwise offensive or illegal materials on MyHome. Tarion may, in its sole discretion, use any evidence of your use of MyHome, including information relating to such use such as identification of senders and receivers of information, use frequency and content of transmissions, in connection with Tarion's operation of MyHome, its administration of the Act and its regulatory and consumer protection activities. Tarion deletes User Submission and other information provided to it in accordance with its business continuity policies and procedures and in accordance with applicable law. MyHome is not a means of storing information or documents for future retrieval or use by homeowners and you should maintain copies of all information submitted. Tarion expressly disclaims any obligation or promise to maintain records of any information submitted by you or your Third Party Service Providers and there is no expectation that Tarion will provide or make accessible copies of any such information.
You shall take all reasonable steps to limit the amount of unnecessary personal information which you provide to Tarion in your User Submissions. Please see Tips on Reducing Personal Information.
5. THIRD PARTY SERVICE PROVIDERS. You are fully responsible for the activities of any third party software vendor(s) or other service provider(s) that you engage to facilitate your access to and/or use of MyHome ("Third Party Service Providers") and for their compliance with this Use Agreement. Any act or omission by a Third Party Service Provider that, if performed by you would constitute a breach this Use Agreement, will be deemed to be an act or omission by you Without limiting the foregoing, you shall not permit any Third Party Service Provider to access and/or use MyHome or your password(s) or user ID(s) unless you obtain the written agreement of such Third Party Service Provider to comply with your obligations under Sections 2 to 12 and Section 14 of this Use Agreement (the "Third Party Service Provider Agreement"). The parties acknowledge and agree that Tarion and its affiliates shall have the benefit of any Third Party Service Provider Agreement and that, for such purpose, you shall be contracting both on your own behalf and as agent and trustee of Tarion and its Representatives. Without limiting the generality of the foregoing, you hereby agree to enforce any Third Party Service Provider Agreement, including the indemnity contemplated by Section 10 hereof, on behalf of Tarion or its Representatives, at Tarion's request.
6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS. You acknowledge that Tarion and its licensors are the owners of all intellectual property rights in MyHome (and its constituent parts and any materials, logos, names and other supporting materials provided to you by Tarion in connection with MyHome and its constituent parts. No title to the intellectual property rights in MyHome, or any supporting materials provided to you by Tarion in connection with MyHome, is transferred to you or any third party by this Use Agreement. You agree not to display, use or reproduce in any manner the Tarion or third party trade-marks, trade names, logos, product names, service names or icons featured on MyHome (the "Marks"), which are the property of their respective owners. Without limiting the generality of the foregoing, the display of the Marks on MyHome does not convey or create any license or other rights in the Marks and any unauthorized use of the Marks is strictly prohibited. The display of any third party Marks on MyHome does not imply any relationship or license between Tarion and such third party or any endorsement by Tarion of such third party's wares, services or business.
7. LINKS. MyHome may contain links to third party websites, web apps or interactions with third party apps or services, as well as links to websites owned and/or operated by you ("Links"). The inclusion of any Links does not imply approval, endorsement or recommendation of such Links or any component(s) thereof or any association with its owners or operators by Tarion. Without limiting Section 4, your use of any Links is entirely at your own risk. Among other matters, it is your responsibility to ensure that you review and approve of the terms and conditions of any Links before using it.
8. INFORMATIONAL PURPOSES, ONLY. Services, data, resources and other information and materials provided by MyHome (collectively, "MyHome Resources") are not intended as a source of educational, professional, administrative, legal or other advice. MyHome Resources are for informational purposes only and are not intended to be a substitute for professional advice, assessment and evaluation. You agree that you must evaluate, and bear all risks associated with, the use of any MyHome Resources, including any reliance on the availability, accuracy, completeness, timeliness, usefulness or appropriateness of same. This includes the following: (a) unsolicited information of a general or educational nature; (b) data and information generated in response to transactions or searches by you or other users of MyHome; (c) User Submissions that are contributed to MyHome by you or other users; and (d) reminders, appointments, timelines, correspondence or third party information or materials that Tarion may provide to you or otherwise make available on MyHome. You should consult the Act, the applicable Tarion builder bulletins and construction performance guidelines and other Tarion publications before making any decision or taking any action that might affect the satisfaction or performance of your MyHome Activities and/or legal obligations, including your obligations under the Act.
9. NO WARRANTY. MyHome (including any User Submissions) is provided "as is" and "as available" without any representation, warranty or condition of any kind, including but not limited to the implied warranties or conditions of merchantable quality, fitness for a particular purpose, non-infringement of third party rights and those arising by statute or otherwise in law or from a course of dealing or usage of trade. The entire risk as to the quality and performance of MyHome is with you. Without limiting the generality of the foregoing, Tarion does not warrant that: (a) MyHome will be accurate, complete or up-to-date; (b) defects or errors in MyHome will be corrected; (c) there will be no modification, disclosure or destruction of, or unauthorized access to, MyHome, including any User Submissions; (d) the operation of MyHome will be timely, uninterrupted or error-free; or (e) that any User Submission or other information provided by you or your Third Party Service Providers will be retained, retrievable or returned to you. Among other matters, MyHome or any part thereof may be periodically unavailable to allow for maintenance.
10. INDEMNITY. You hereby agree, during the term of this Use Agreement and after the termination hereof, to indemnify and save Tarion and its Representatives harmless from and against any and all liabilities, losses, damages, suits, claims, demands, costs (including court costs and legal fees), fines and actions of any kind or nature whatsoever to which they shall or may become liable for, or suffer by reason of your or your Third Party Service Providers': (a) use of MyHome; (b) contribution, submission and/or posting of User Submissions; (c) breach, violation or non-performance of any term or condition of this Use Agreement; or (d) violation of any third party's rights.
11. NO LIABILITY. In no event shall Tarion be liable, whether in contract (including fundamental breach and breach of a fundamental term), tort (including negligence) or otherwise, for damages (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue or failure to realize expected savings) or any other remedy relating to this Use Agreement, MyHome , any User Submissions or any Third Party Service Provider Agreement.
13. MYHOME SECURITY AND COOKIES.
(a) To use MyHome, you must first register and supply registration data that may include, but is not limited to user ID, password, your date of possession, your home enrolment number, telephone number, mobile phone number, email address and mailing address "Registration Data"). You agree to provide true and complete registration data and to update your Registration Data as necessary to maintain it in an up-to-date and accurate fashion.
(b) If you are using MyHome for common elements of a condominium, you must first register and supply certain registration data that may include, but is not limited to, user ID, password, the condominium corporation's registration date; the Common Element enrolment number, telephone number, mobile phone number, email address and mailing address "Registration Data"). You agree to provide true and complete Registration Data and to update your registration data as necessary to maintain it in an up-to-date accurate fashion.
(c) You will be assigned a separate user ID and password by Tarion. You acknowledge that the user ID and password shall only be valid while you are permitted user as described in subsections 1(a) or (b).
(d) You agree that Tarion may collect and use technical and other data, including your IP address and technical information about your Electronic Device as defined below, operating system and browser, to improve your user experience and facilitate the provision of software updates, product support and other services to you if any, relating to your interactions with Tarion.
(e) As between you and Tarion, you shall be responsible for all use of MyHome made using your name, Registration Number, user ID(s), password(s), email address(es) and domain name(s) (including subdomains thereof), regardless of the identity of the person(s) making such use, and without limiting the generality of the foregoing, Tarion shall have no responsibility or liability in connection with any unauthorized use of your name, Registration Number, user ID(s), password(s), email address(es) or domain name(s) (including subdomains thereof), including any loss or damage arising from a failure to protect your user ID(s) or password(s) or any other breach of security. You agree to use all reasonable measures to protect your user ID(s) and password(s) from unauthorized access or use, including by refraining from the use of any customized password scripting or synchronization. Tarion shall have the right to use your user ID(s) and passwords to authenticate your identity in connection with MyHome and shall be under no obligation to confirm actual identity or authority to access and/or use MyHome. You agree to immediately notify Tarion of any unauthorized use of your name, Registration Number, user ID(s), password(s), email address(es) or domain name(s) (including subdomains thereof) in connection with MyHome.
(f) The electronic device that you use to access MyHome, including any personal computer, cellular phone, telephone, smart phone or personal digital assistant ("Electronic Device") may be vulnerable to viruses or online attacks that seek to intercept or alter information, including sensitive information that you provide through the Internet. You agree to take all reasonable security precautions, including by ensuring that any Electronic Device you use to access or use MyHome has an up-to-date anti-virus program, anti-spyware program and firewall. To prevent unauthorized access, you must properly log off from MyHome as soon as you have finished accessing and using it and immediately close your browser and sign off from any mobile application(s) used by you to access or use MyHome.
14. TERMINATION, MODIFICATION OR SUSPENSION.
(a) This Use Agreement may be terminated by Tarion immediately at any time without notice to you.
(b) Upon the termination of this Use Agreement, you shall immediately cease to access and use MyHome.
(c) Without limiting the generality of the foregoing, Tarion reserves the right at any time and from time to time to modify or suspend, temporarily or permanently, MyHome or any part thereof (including your access thereto) without notice to you. In the event and for the duration of any suspension, you shall cease to access and use MyHome, or the part(s) of MyHome subject to such suspension.
(d) Tarion shall not be liable to you or any third party for any modification or suspension of MyHome or any part thereof (including your access thereto), or any termination of this Use Agreement. All sections of this Use Agreement other than Section 2 shall survive any such termination, modification or suspension.
If termination occurs, any necessary interactions with Tarion can be achieved through other channels.
15. NOTICE. Any notice or other communication required or permitted to be given or made hereunder shall be in writing and shall be well and sufficiently given or made if delivered by email to Tarion at [MyHome@tarion.com] and to you at the email address provided by you to Tarion in connection with your use of MyHome or through a notification posted on or sent via MyHome. Any notice or other communication given or made in accordance with the foregoing shall be deemed to have been given or made and to have been received on the day of sending thereof, if sent during Business Hours on a Business Day and, if not, then on the first Business Day after the sending thereof.
"Business Day" means any day from Monday to Friday inclusive, other than New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any special holiday proclaimed by the Governor General or Lieutenant Governor; and "Business Hours" means the hours of 8:00 am to 5:00 p.m. (EST) on a Business Day, unless the context otherwise reasonably requires based on the nature of the communication.
Either party may from time to time change its email address for notice by giving notice to the other party in accordance with this Section.
16. FURTHER ASSURANCES. You agree that you will do all such acts and execute all such further documents and the like, and will cause the doing of all such acts and the execution of all such further documents as are within your power to cause the doing or execution of, as Tarion may from time to time reasonably request, in writing, and as may be necessary or desirable to give effect to this Use Agreement.
17. FORCE MAJEURE. Tarion shall be excused from performance under this Use Agreement to the extent and for the period of time that Tarion or is prevented from so performing by reason of any cause beyond its reasonable control.
18. INDEPENDENT CONTRACTORS. It is understood and agreed that in giving effect to this Use Agreement, neither party shall be or be deemed a partner or agent of the other party for any purpose and that the relationship of the parties shall be that of independent contractor. Nothing in this Use Agreement shall constitute a partnership or a joint venture between the parties. Neither party shall have the right to enter into agreements, pledge the credit of or incur expenses or liabilities on behalf of the other party. You further acknowledge and agree that Tarion is not, nor shall it be deemed, a partner or agent of any Ministry, Province or other institution for any purpose.
19. THIRD PARTY BENEFICIARIES. The parties acknowledge and agree that, although nothing in this Use Agreement shall confer upon any third party other than Tarion's Representatives any benefit of any kind, Tarion's Representatives shall have the benefit of this Use Agreement and, for such purpose, Tarion is contracting both on its own behalf and as agent and trustee for its Representatives. Without limiting the generality of the foregoing sentence, you agree that Tarion may enforce the indemnity in Section 10 on behalf of any of its Representatives.
20. ASSIGNMENT. Tarion may, at any time, without your consent, novate this Use Agreement, or any of its rights and/or obligations hereunder, in whole or in part, to any third party. You may only assign this Use Agreement, or any of your rights hereunder, in whole or in part, to a third party with the prior written consent of Tarion. This Use Agreement shall inure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.
21. GOVERNING LAW. The parties agree that all matters relating to this Use Agreement shall be governed by and construed in accordance with the laws of Ontario and federal laws of Canada applicable therein, without regard to conflict of law rules. The parties submit to the non-exclusive jurisdiction of the courts of Ontario. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Tarion makes no representation that MyHome is appropriate or available for use in locations outside of Ontario, Canada and accessing MyHome from locations where MyHome is illegal is prohibited. If you choose to access and/or use MyHome from a location outside of Ontario, Canada, you do so on your own initiative and are responsible for compliance with local laws.
22. CHOICE OF LANGUAGE. You confirm that you prefer that this Use Agreement and any related documents be written in English. Vous confirmez préférer que cette convention et les documents s'y rattachant soient rédigés en anglais.
You hereby agree to be bound by all of the provisions of this Agreement by clicking the "I Agree" button.
 MyHome and MyHome Mobile are trade-marks of Tarion Warranty Corporation.
 "Vendor" has the meaning given to it in the Act and in general terms means the person selling (and/or building) the new home and who is responsible for the warranties on the home.
 A "Designate" is the individual appointed by the condominium corporation to interact with Tarion relating to warranty or other claims all in accordance with the Designate Form required by Tarion.